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S.F. No. 2750, Sth Engrossment - 84th Legislative Session (2005-2006) Page 8 o f 13 9.31 of the damages which in theirjudgmentwill result to each of the owners of the land by 9.32 reason of such taking and report the same to the court. The commissioners shall not 9.33 reduce the amount of the damages awarded because fhe land being taken is, at the time �.�� of the taking, valued under section 273.111, designated as an agricultural preserve under g,�5 chapter473H. The commissioners, in all such proceedings, may in their discretion allow ��. � and show separately in addition to the award of damages, reasonable appraisalfees not to �c�.`� exceed a total of ��1.5�Q for sit�ade family and two-family residential �r'o��rtv and ��.� minimum damaqa ac uis�tions and $5.000 for other ty_pes of rnpertY. unless the ap r� aised 7�,� fee was reimbursed under section 117.036. Upon request of an owner the commissioners ��.� shall show in their report the amount of the award of damages which is to reimburse the 1�,� owner and tenant or lessee for the value of the land taken, and the amount of the award of ��. f damages, if any, which is to reimburse the owner and tenant or lessee for damages to the 10.8 remainder involved, whether or not described in the petition. The amounts awarded to 10.9 each person shall also be shown separately. The commissioners shall, if requested by any 10.10 party, make an express finding of the estimated cost of removal and remedial actions that 10.11 will be necessary on the taken property because of existing environmental contamination. 10.12 Sec. � Q. �f 9� 7�1841 COMPENSATION �OR REMOVA�,�, OF LE�A,� 10.13 NONCONFORMING USE. 10.14 �a} Notwithstandinq any law to the contrarv, an ordinance ar regulation of a�1.��al 10.15 subdivision of the state or local zonina authoritv that requires the removal of a I��G 10.16 nonconforming use as a condition or prerequisite for the issuance of a permit, �icense, or 10.17 other a�proval for anv use. structure, development. or activit�i constitutes a takinq and 10.18 is prohibited without the pavment of iust compensation. This section does not ��:;a:,� if 10.19 the permit, license, or other approval is requested for the construction of a b.uildinMg or 10.20 structure that cannot be built without phvsica�lv movinq the nonconforming use. 10.21 {�) This section aq�fies to an action of a political subdivision of the state or a local 10.22 zonina authority occurrin� on or after the effective date of this act that requires removal 10.23 of a le�a! nonconformina use as a condition or prerequisite for the issuance of a permit, 10.24 license. or other a�proval. 10.25 Sec. ��. 177.�l8& CQMPENSA7iQi� FOR LOSS OF GOING CONCERN. 10.26 Subdivision 1. Definitions. �or purpas�s of this section: 10.27 7"�oing concern" means the benefits that accrue to a business or trade as a result 10.28 of its location. reputation for dependability, skill or y,ualii�r,T customer base, �ood will. or 10.29 anv other circumstances resultina in the probable retention of old or acquisition of new 10.30 patronaqe; and 10.31 !2) "owner" has the meaninc� aiven in section 117.025 and includes a lessee who 10.32 operates a business on real pro�ertv that is the subjeci of an eminent domain proceeding, ��,� Subd. 2. Compensation for loss of �ain� concern. If a business or trade is 11.2 destroved by a takinq, the owner shall be compensated for loss of aoinq concern. unless the 11.3 condemnina authoritv establishes any of the followina by a pr�pvr�derance of the evidence: 11.4 �,) the loss is not caused bv the takinq of the property or the ini�rv to the remaincfer, 11.5 k�� the loss can be reasonablyprevented bv reEacatinq the business or trade in the 11.6 same or a similar and reasonablv suitabl� location as the pra y �,�, �., rr,lA�zl, ,.t,r;�,,� 1�-�, �Fai r n„ � � � c?h� n rFr� �Lk��] I. ulYU �'ai] L=��?��. �.hir��l�s��i�n �=ls��& �r�in��- l �r'��